155

Tuesday, December 26, 1826.

The House met pursuant to adjournment.  Mr. Ross from the committee on accounts, to whom was referred the account of Wm. Hemphill, claiming compensation as a witness on the part of the State, in the Circuit Court of Conecuh county, reported, that said account is legally chargeable upon the county, and not upon the State Treasury; which was laid on the table.

Mr. Ross from the committee on accounts, to whom was referred the account of James M. Nabors claiming compensation for returning the votes given in the late Senatorial election, for the district composed of the counties of Shelby and Autauga, and traveling one hundred and forth miles in the performance of that duty, reported that they are not aware of any law under which said account can be paid, and beg leave to be discharged from the further consideration of the same.  Ordered that said report lie on the table.

Mr. Parham, from the select committee to whom was referred the petition of sundry inhabitants of Franklin county, reported a bill to be entitled an act, to incorporate the New- Orleans and Tuscumbia Steam-Boat company, which was read a first time and ordered to be read a second time.

Mr. Bridges, from the select committee to whom was referred the petition of the inhabitants of Township 13, in Range 7, in Wilcox county, reported a bill to be entitled an act, to authorize the inhabitants of Township 13, in Range 7, in Wilcox county, to sell a 16th section, and for other purposes, which was read a first time and ordered to be read a second time.

Mr. Bridges, from the committee on enrolled bills, reported that they had examined and found correctly enrolled, bills which originated in this House of the following titles, to wit: an act, to alter the times of holding the County Courts of Lawrence, Limestone, Lauderdale, Dallas, Autauga, Montgomery, Perry and Conecuh; and an act for the relief of James Hall.

Mr. Greening, from the select committee to whom was referred so much of the Governors Message of the 12th instant, as recommends an increase of the Capital Stock of the Bank of the State of Alabama, reported a bill to be entitled an act, to increase the Capital Stock of the Bank of the State of Alabama, which was read a first time and ordered to be read a second time.

Mr. McVay, of Laud. presented the petition of Martha Brandon, widow and relick of Josiah D. Brandon deceased, praying the passage of a law, to authorize her to sell certain lots in the town of Tuscaloosa, which was read and referred to a select committee consisting of Messrs. McVay of Laud. Ellis and Perkins.

Mr. Powell, obtained to bring in a bill to be entitled an act, to repeal all that part of the charter of the Bank of the State of Alabama that relates to secrecy, which was read a first time and ordered to be read a second time.

Mr. Davis of Frank obtained leave to introduce joint resolutions of the Senate and House of Representatives of the State of Alabama, deeming it inexpedient to make any appropriation for the erection of a state Capital at the present session of the Legislature, which was read a first time, which is as follows: Whereas a bill is now pending in this house having for its object on appropriation to erect a capitol for the state of Alabama, and whereas, said bill contemplates an appropriation equal to the fund denominated the seat of Government fund, and whereas, that fund by the 4th section of the charter establishing a state Bank, has been transferred to said bank and forms a part of the capitol stock thereof, and whereas, we deem it of the utmost importance to support by every means in our power that institution, and the withdrawal of that fund which amounts at present to $48,330,26 1-4, would considerably weaken and cripple its operation, and as we believe this to be an important crisis in the affairs of said institution owing to the establishment of a branch of


156

the United States Bank in the city of Mobile, as well as the hostility heretofore manifested against it by some of the local institutions of this state, we deem it impolitic and injudicious at this time to make an appropriation of said fund, for any purpose whatever.  It would have the effect of curtailing the accommodating of said Bank $86,662 52 1/2 cents, as it is authorized to issue two dollars in notes for one of capital stock.  And whereas, the taxes of the state of Alabama owing to the present unparalleled pecuniary distresses of the citizens of said state is extremely oppressive, we feel it a duty incumbent on the present Legislature to retard them as fare as we can consistent with sound policy, and whereas, if said bill making said appropriation should pass, said sum of 43,330,26 1-4 cents would have to be drawn from the treasury of this State, and s we believe it would be better policy to apply said fund to the current expenses of the Government, by which means, the state taxes for the next year, might be reduced at last two thirds below the state tax for the present year, as there will be surplus in the treasury after paying the expenses of the present year of about $30,000 and the expenses of the year 1827 will be about $50,000, we deem it a better policy to defer making the appropriation at the present session of the Legislature, as we cannot for a moment, conceive that either course would have any effect of the question of the permanent location of the seat of Government at this place; and whereas if any apposition is made from the treasury of this state for the sum contemplated by the bill aforesaid, a future legislature may be called on to make an appropriation of the aforesaid seat of Government fund and its proceeds.

Be it therefore resolved by the Senate and House of Representatives that we deem it inexpedient to make any appropriation for the erection of a State Capitol at the present session of the Legislature.

Be it further resolved, that the sheriffs of the different counties of this state be required by the next general election for members of the Legislature, to open a poll and that the people who are qualified to voted for members of the state Legislature be informed by an advertisement of the sheriffs of the different counties at least thirty days before said election that such poll will be opened at each election precinct in their respective counties, and said qualified electors are requested to state on a ticket, whether they wish such appropriation to be made or not, at the next session f the General Assembly, and that the Sheriff be required to forward the result of the said poll to the office of Secretary of State, and by him submitted to the next General Assembly.

Be it further Resolved that the committee of ways and means be instructed to report a bill appropriating the surplus revenue of the present year, to defray the current expenses of the ensuing year; and that for the relief of the taxes for the ensuing year, be diminished in proportion equal to the sum so applied, which was read a first time.  Mr. Coopwood moved that the resolutions lie on the table till tomorrow, which motion was carried- Yeas 33, Nays 26.

The yeas and nays being desired, those who voted in the affirmative, are

Mr. Acklen

Craig

Ellis

McVay of Laud.

Ross

Ambrister

Coe

Exum

McVay of Law.

Rhodes

Brown

Coopwood

Fluker

Martin

Roberts

Bell

Davis of Ja.

Harris

Neill

Williams

Bradford

Dupuy

McClung

Perkins

Whitfield- 33

Brasher

Dubose

Montgomery

Parham

 

Barclay

Edmondson

Moore of Mad

Powell

 

Those who voted in the negative are

Mr. Speaker

Crenshaw

Edwards

Mead

Smith of Lau-

Benson

Coleman

Greening

Massey

Smith of mad.

 


157

Bridges

Davis of Fr.

Jones

Pickens

Terry

Bailey

Dale

Dennis Lawler

Perry

Weissinger

Broadnax

Duke

Moore of Jack.

Smith of Hen.

Walthall- 26.

A message from the Governor by James I. Thornton, Secretary of State, which is as follows, to wit:

Mr. Speaker- I am instructed by the Governor to inform you that the did, on 22d inst. approve and sign bills of the following titles, to wit: an act to establish a certain road therein designated; an act to authorise the county court of Wilcox county to lay an extra tax; an act to compel the commissioners of the town of Greenville in Butler county to transfer all papers relative to the lots of the said town to the Judge of the county court & commissioners of roads and revenue of Butler county; an act to provide for the payment of petit jurors to certain cases therein named; an act more effectually to secure the compensation allowed by law, to jurors therein mentioned; an act authorizing the election of certain officers in the town of Greenville, in Butler county; an act to amend an act, passed December 20, 1820, amending an act, passed 13th November 1819, incorporating the town of Triana; all of which originated in this House.  And then he withdrew.

Mr. Moore of jack from the select committee to whom was referred a resolution of this House, instructing them to inquire into the expediency and policy of so altering the laws now in force regulating the retailers of spirituous liquors; reported a bill, to be entitled an act to authorize the sale of spirituous liquors in any quantity not less than one quart, which was read a first time and ordered to be read a second time.

Mr. Mr. McClung offered the following resolution: Resolved, that the Senate and House of Representatives, with the consent of the Senate, will assemble in the Representative chamber at the hour of 6 o'clock to the afternoon of Thursday next, for the purpose of electing a President and Directors of the Bank of the State of Alabama, which was laid on the table.

Mr. McClung from the committee on ways and means, reported a bill to be entitled an act making appropriations for the year 1827, which was read a first time and ordered to be read a second time.

Mr. Barclay from the select committee to whom was referred a resolution of this House instructing them to enquire into the expediency of reducing the price of Digest of the laws of the State of Alabama that are yet unsold, reported a bill to be entitled an act reducing the price of the Digest of the laws of Alabama, which was read a first time and ordered to be read a second time.

Mr. McVay of Laud, from the select committee to whom was referred so much of the Governor message as relates to the unsettled accounts between the states of Alabama and Mississippi, and the report of the commissioners and their correspondence in relation to that subject, reported a resolution on the subject of the unsettled accounts between the states of Alabama and Mississippi, which was read a first time and ordered to be read a second time.

Mr. Perkins from the committee on propositions and grievances to whom wax referred the memorial of Henry T. Anthony and many of the citizens of Tuscaloosa county, reported a bill to be entitled an act for the relief of Henry T. Anthony, which was read a first time and ordered to be read a second time.

Mr. Davis from the select committee to whom was referred a bill from the Senate to be entitled an act to compensate the commissioners appointed by the Governor for ascertaining and marking the permanent boundary line between this state and the state of Georgia, reported the same without amendment; the bill was then read a third time and passed.  Ordered, that the clerk acquaint the Senate therewith.

Q*


158

Mr. Ross from the committee on accounts to whom was referred a bill to be entitled an act for the relief of Theophilus L. Toulmin, tax collector for the county of Mobile for the year 1822, reported a substitute in lieu thereof, which was read a second time and ordered to be engrossed for a third reading.

Mr. Acklin offered the following resolution.  Resolved that the Bank committee be instructed to enquire into the expediency of giving further time to the creditors of the State Bank, in the several counties in this state, for the payment of the debts due said Bank, which will fall due on the first day of January next, which was laid on the table.

A message from the Governor by James I. Thornton, Secretary of State, and then he withdrew; said message was as follows:

EXECUTIVE DEPARTMENT, Dec. 26, 1826.

The Hon. the Speaker and members of the House of Representatives.

Gentlemen - I have the honor to transmit you the annual Report of the Board of Trustees of the University of Alabama.  The reports of the commissioners to class the university lands in the 1st and 2d judicial circuits have been recently received, and as they place a value, from examination, on these lands, which may not equal the fond expectation of the General Assembly, or the community, I have thought it a duty incumbent on me, to lay them before you, that I may receive such direction as your wisdom may suggest.  In a matter so important, and to further an object so interesting as that of the education of the country, the united wisdom and discretion of the public authorities should be employed, when it can be obtained with convenience, to give the greater certainty and effect to the most judicious arrangements.  It is proper however to observe, that according to the best view which I can take of this subject, I shall offered the lands for sale, under the authority given me by law, unless your sound discretion may suggest a better course.  I cannot but believe that the examination which has been made gives us correct information of the value of these lands, and that the interest of the University would be promoted by a sale at auction, and afterwards by entry, under the minimum valuation.  I beg leave very respectfully to request, that this subject may engage your attention as soon as may be consistent with your other duties, that the lands may be advertises for sale the last of February or early as March next, giving as ample time as possible for the requisite publicity of such sale.  The university lands in the 3d judicial circuit have been offered for sale, a small portion only has been sold, and the rest is now liable to entry under the classification which has been made.  There is reason to believe that a considerable portion of it will be entered when the planters of the country can obtain the command of their annual funds.  The commissioners of the 6th judicial circuit have made several fruitless attempts to get together but have failed in each on account of their living at a distance from each other.  The commissioners of the second judicial circuit classed some lands in the 3d circuit, because the line diving the coterminous counties in the circuit, was not distinctly perceived, and that it would be confusing to separate the plots in such cases.  The same good information it is believed has been received, and it may be proper to give the sanction of your authority for this incidental non conformity to the letter of the law.

I have the honor to be, most respectfully, your ob't serv't,

(Signed)                  JOHN MURPHY.

Ordered, that said report lie on the table, and that two hundred opinion thereof be printed for the House.

Ordered, that said message together with the accompanying documents, be referred to the committee on schools, colleges and universities and school and university lands.


159

A message from the Senate by Mr. Lyon their secretary, said message is as follows:

Mr. Speaker, the Senate adhere to their amendment to the bill entitled an act to alter the mode of appointing assessors and tax collectors, and for other purposes by striking out the 2d section thereof and substitution another; they have appointed a committee on their part consisting of messrs. Casey, Jackson and Powell, to confer with the committee appointed on the part of your Hon. body on the subject of the disagreement between the two Houses, in relation to the said amendment; they have passed resolutions appointing commissioners to report on the claims of the first purchasers of lots in Cahawba in 1819, to the next General Assembly, and for other purposes, which originated in their house and in which they desire your concurrence; and then he withdrew.

Mr. Davis of Jack. moved to reconsider a vote taken on laying Mr. Acklen's resolution of to day, on the table, which was lost.

On motion of Mr. Davis of Frank. resolved that the Bank committee be instructed to inquire into the expediency of so amending the charter of the Bank of the State of Alabama, so as to require persons borrowing and having borrowed money from the said Bank living in counties that have obtained their quota of discounts, to pay into the Bank said money so borrowed, on the first day of April in each years.

A bill to be entitled an act, for the relief of the securities of John Archer deceased, was read a second time and ordered to be engrossed for a third reading.

Mr. Davis of Frank, obtained leave to bring in a bill to be entitled an act, to make compensation to the commissions to close the unsettled accounts between this State and Mississippi which was read a first time, and ordered to be read a second time.

Bills from the Senate of the following titles, to wit: an act to incorporate the Cahawba navigation company; an act for the relief of the legal representatives of Daniel Duval; an act relative to certain officers in Fayette county; an act more effectually to provide for the due execution of certain laws, were severally read a first time, and ordered to be read a second time.

Engrossed resolution for the Senate appointing commissioners o report on the claims of the first purchasers of lots in Cahawba in 1819, to the next General Assembly, and for other purposes, was read a first time, and ordered to be read a second time.

A bill to be entitled an act to incorporate the Alabama and Tennessee Canal Company, was laid on the table till tomorrow.

Mr. Moore of Jack, from the committee on enrolled bills, reported, that they had examined and found correctly enrolled a bill which originated in the Senate, entitled an act, to compensate the commissioners appointed by the Governor, as ascertaining and marking the permanent boundary line between this State and Georgia.

Engrossed bill to be entitled an act, to establish a ferry, and appoint commissioners to lay out a certain road therein named, was read a third time and passed.  Ordered, that the title be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

A bill to be entitled an act more effectually to guard and secure the right of trial by jury, was referred to the judiciary committee: And then the House adjourned till this evening 3 o'clock.

Evening Session 3 o'clock.- The House met pursuant to adjournment.

Mr. McVay of Laud, from the select committee to whom was referred the petition of Martha Brandon, Adm'rx. of Josiah K. Brandon deceased, reported a bill to be entitled an act, to authorize Martha Brandon Adm'rx. of Josiah K.


160

Brandon deceased, to sell and convey certain town lots in Tuscaloosa, which was read a first time and ordered to be read a second time.

Mr. Harris, obtained leave to introduce a joint resolution of the Senate and House of Representatives of the State of Alabama in General Assembly convened, discharging Daniel Coleman tax collector for the county of Washington, for the year 1823, from all further liability on his paying into the treasury the sum due the State, which was read a 1st time and ordered to be read a 2d time.

Engrossed bill from the Senate, entitled an act, providing for the erection of a State Capitol, was read a third time.

Mr. Davis of Frank, moved that the bill lie on the table, which was lost.- Yeas 27, Nays 37.

The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker

Crenshaw

Greening

Montgomery

Smith of Lau.

Benson

Coleman

Johnson

Mead Massey

Smith of Mad.

Bridges

Davis of Fr.

Jones

Pickens

Terry

Bailey

Dale

Dennis Lawler

Perry

Weissinger

Broadnax

Edwards

Lewis

Smith of Hen

Walthall- 27

Those who voted in the negative are

Mr. Acklen

Craig Coe

Exum

McVay of Laud

Ross

Ambrister

Coopwood

Fluker

McVay of Law.

Rhodes

Brown

Davis of Ja.

Heard

Martin

Raney

Bell

Dubose

Harris

Neill

Sims

Bradford

Dupuy

McClung

Perkins

Williams

Brasher

Duke Ellis

Moore of Mad.

Parham

Whitfield- 37

Barclay

Edmondson

Moore of Jack.

Powell

Mr. Craig, moved to amend the bill by way of the following engrossed rider. Provided that no other than the monies arising from the Seat of Government fund, and such other donations as may have been or shall hereafter be made to this state for the purpose, the unsold land at Cahawba excepted, shall be applied to defraying the expenses of erecting the aforesaid Capitol; and that the aforesaid fund and donations is hereby expressly appropriated and set apart for the purpose aforesaid, any law or parts of laws to the contrary notwithstanding.  Mr. Perkins moved to amend the amendment with the following, "and it shall be the duty of the President and Directors of the Bank of the State of Alabama, to transfer to the Treasury of the State, the stock and monies in said bank therein above denominated the Seat of Government fund" and the question was then put on the adoption of the amendment, to the amendment, and lost.  and the question was then put on the adoption of Mr. Craigs amendment, and lost- Yeas 30, nays 34.

The yeas and nays being desired, those who voted in the affirmative are

Mr. Ambrister

Dale

Harris

Moore of Mad

Smith of Hen.

Bridges

Dennis

Johnson

McVay of Laud

Smith of La.

Bailey

Dubose

Jones

Ross

Smith of Mad.

Brown

Duke

Lewis

Rhodes

Terry

Crenshaw

Edwards

McClung

Raney

Walthall- 30

Craig Coe

Fluker

Montgomery

Roberts

 

Those who voted in the negative are

Mr. Speaker

Barclay

Ellis

Mead

Perry

Acklen

Coopwood

Exum

Martin

Powell

Benson

Coleman

Greening

Massey

Sims

Broadnax

Davis of Fr.

Heard

Neill

Williams

Bell

Davis of Ja.

Lawler

Perkins

Weissinger

Bradford

Dupuy

Moore of Ja.

Pickens

Whitfield- 34

Brasher

Edmondson

McVay of Law.

Parham


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Mr. Johnson moved to amend the bill by way of the following engrossed rider in the 1st section of the bill after the word selected: 'by the General Assembly.' Mr. McClung moved to amend said amendment by adding thereto the words, 'if made at its present session, and if not, by the commissioners hereinafter appointed,' which was lost.  Mr. Moore of Mad. moved to and the amendment by adding thereto the words 'during their present session,' which was carried.  Mr. Johnson's amendment, as amended, was then adopted. Mr. Harris moved to amend said bill by adding thereto the following proviso, to wit: 'provided, that nothing herein contained shall be so construed as to include the lands belonging to the state in the neighborhood of Cahawba, as part of the seat of government fund hereby appropriated,' which was lost.  Mr. Dubose called for the previous question on the passage of the bill; and it was determined that the main question should then be put- And the question being put, shall this bill pass?  it was determined in the affirmative- yeas 34, nays 30.

The yeas and nays being desired, those who voted in the affirmative are

Mr. Acklen

Craig

Exum

McVay of Laud

Ross

Ambrister

Coe

Fluker

McVay of Law.

Rhodes

Brown

Coopwood

Heard

Martin

Raney

Bell

Davis of Jack.

Harris

Neill

Sims

Bradford

Dupuy

McClung

Perkins

Williams

Brasher

Edmondson

Montgomery

Parham

Whitfield- 34

Barclay

Ellis

Moore of Mad.

Powell

 

Those who voted in the negative are,

Mr. Speaker

Coleman

Edwards

Moore of Jac.

Smith of Hen.

Benson

Davis of Fr.

Greening

Mead

Smith of La.

Bridges

Dale

Johnson

Massey

Smith of mad.

Bailey

Dennis

Jones

Pickens

Terry

Broadnax

Dubose

Lawler

Perry

Weissinger

Crenshaw

Duke

Lewis

Roberts

Walthall- 30

Ordered, that the clerk acquaint the senate therewith.

And then the House adj'ned until tomorrow morning 10 o'clock.